Public Policy

The Orrick Public Policy Group solves clients’ legal problems and leverages opportunities with state governments across the country. We identify the best solutions and implement effective strategies, whether they involve regulation, legislation, investigation, or litigation. With gridlock at the federal level, state government is now an essential consideration for any company’s business and legal strategy.

Our team of lawyers and legislative experts has spent their careers at the highest levels of the law and state government. We have served in executive and legislative branches of state governments, including as Attorney General and Chief Deputy Attorney General, managed political campaigns, run national state legislative organizations, clerked for Supreme Court justices, overseen “bet the company” litigation and legislative battles, have led billion dollar litigation, advised state agencies, shaped policy and passed legislation.

Whether it’s a start-up company looking to make sure its business model does not run afoul of state law and state regulators, or a Fortune 100 company looking to have a voice in state legislatures, our staff can cover all the bases.

Our Services

State Attorneys General

State AGs have a growing role in actions affecting corporate America, particularly when they act in concert through multi-state actions. In a time of greater public and state activism, proactive and effective representation before the state AGs is more crucial than ever. State AGs enforce state consumer protection, anti-trust, and environmental laws. They also influence state energy and healthcare issues, oversee state data privacy laws and are the leading regulators of data breaches. In their roles as the lawyers for state government, they represent state regulators in litigation. In short, there is virtually no aspect of state government and state regulation that the AGs do not influence.

Our team is led by former Washington Attorney General Rob McKenna, who is the co-head of the firm’s Public Policy Group, former Washington Chief Deputy Attorney General Brian Moran, and former Maryland Chief Deputy Attorney General Kay Winfree.

Among law firms with AG practices, only Orrick’s is staffed with both a former AG and two former Chief Deputies. This differentiates us in an arena where many state AG practices have lawyers with little or no actual AG office experience. Given that many of the legal and policy decisions of the AG’s office are first identified, initiated, prioritized, and executed at the staff level, this should matter greatly to any company seeking to engage a law firm for representation with AG offices. Simply knowing how an AG’s office works and having the substantive legal and policy perspective gives our clients advantages that other firms simply cannot match.

For information on our representative experience, please contact Rob McKenna.

State Legislative & Regulatory

There is nothing more frustrating to a company than winning a long-fought and expensive battle in the court house only to find that their opponents, unbeknownst to them, have managed to pass a new law that threatens to put them out of business. Critical business issues—from new taxes that impact a company’s bottom line to regulations that put a company’s very existence at stake—are being debated in the halls of state legislatures and litigated in courts across the country. Companies need offensive and defensive solutions to ensure their most important issues are covered at all levels of government in all states where they operate.

Being aware of opportunities and challenges related to state-level legislation and regulation is particularly significant for companies looking to expand nationally and for “disruptive” technologies that may have outpaced established regulations and laws.

With a dedicated team focused exclusively on state legislatures and regulators, Orrick is the only group in the nation with the expertise and resources to help clients make order out of chaos. Our team has a lot of experience, and success, developing and implementing 50 state legislative strategies. Over the past six years, we have helped our clients win over 75 battles in 35 states.

We are not lobbyists and do not focus on particular state legislatures or regulators. Instead, leading companies turn to us to design and implement cutting edge strategies on a wide spectrum of issues—whether it’s passing legislation that will provide them with a competitive advantage in their most important markets or convincing state and local regulators to bless their innovative business model.

For information on our representative experience helping clients solve their most important multi-state legislative and regulatory issues, please contact Jeremy Kudon.

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